Fishlake National Forest, Utah, EIS for Oil and Gas Leasing, 38602-38604 [06-5950]

Download as PDF cprice-sewell on PROD1PC66 with NOTICES 38602 Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Notices Washington, western Oregon and northern California. SUPPLEMENTARY INFORMATION: In January 2004, the Agencies approved the 2004 FSEIS analyzing a proposal to amend 28 land and resource management plans by removing the Survey and Manage Standards and Guidelines, to conserve rare and little known species, and reduce cost and effort and allow for achievement of healthy forests and timber outputs. The Agencies released a Record of Decision adopting the proposal in March, 2004. In August, 2005 the U.S. District Court of the Western District of Washington found the 2004 FSEIS failed to: (1) ‘‘* * * analyze potential impacts to Survey and Manage species if they are not added to or are removed from the USDA Forest Service’s and BLM’s respective programs for special status species;’’ (2) ‘‘* * * provide a thorough analysis of their assumption that the latesuccessional reserves would adequately protect species that the Survey and Manage standard was introduced to protect, particularly in light of their previous positions in earlier environmental impact statements;’’ and (3) ‘‘* * * disclose and analyze flaws in their methodology for calculating the acreage in need of hazardous fuel treatments. Part of the cost analysis was similarly flawed because it relied on the acreage in need of hazardous fuel treatments in calculating the cost of the Survey and Manage standard.’’ The Draft Supplement provides the additional information and analysis to address the deficiencies noted by the court, and provides and analyzes new information available since publication of the 2004 FSEIS. Following public comments, the Agencies will prepare a Final Supplement. No sooner than 30 days following release of the Final Supplement, the Agencies will prepare a new Record of Decision. A decision to select one of the action alternatives would amend the management direction in 28 land and resource management plans in the Northwest Forest Plan area. Comments received in response to this solicitation, including names and addresses, will be considered part of the public record on this proposal and will be available for public review during regular business hours. Comments, including names and addresses, may be published as part of the Final Supplement. If you wish to withhold your name or address from public review, or from disclosure under the Freedom of Information Act (FOIA), you must state this prominently at the beginning of your written comments. VerDate Aug<31>2005 15:46 Jul 06, 2006 Jkt 208001 Such requests will be honored to the extent allowed by law. Additionally, pursuant to 7 CFR 1.27(d), any person may request that submissions be withheld from the public record by showing how the FOIA permits such confidentiality. Persons requesting such confidentiality should be aware that, under the FOIA, confidentiality may be granted in only limited circumstances, such as to protect trade secrets. The requester will be informed of the Agencies’ decision regarding the request for confidentiality. Where the request is denied, the comments will be returned to the requester and the requester will be notified that the comments may be resubmitted with or without name and address. Comments submitted anonymously will be accepted and considered, however, anonymous comments do not create standing or a record of participation. All submissions from organizations and businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be available for public inspection in their entirety. The Agencies believe it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. Reviewers should structure their participation so that it is meaningful to alert the Agencies of their positions and contentions [Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 553 (1978)]. Also, environmental objections that could be raised at the Draft Supplement stage, but are not raised until after completion of the Final Supplement, may be waived or dismissed by the courts [City of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980)]. Because of these court rulings, it is important that those interested in this proposed action provide comments by the close of the 90-day comment period, so that the Agencies can meaningfully consider and respond to them in the Final Supplement. The responsible official for lands administered by the USDA Forest Service will be the Secretary of Agriculture. The responsible official for public lands administered by the Bureau of Land Management will be the Secretary of the Interior. No public hearings or meetings are planned. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Dated: June 30, 2006. Cynthia Ellis, Regulatory Affairs, Bureau of Land Management, Washington, DC. Dated: June 30, 2006. Andria Weeks, Regulatory Liaison Officer, United States Forest Service, Washington, DC. [FR Doc. E6–10541 Filed 7–6–06; 8:45 am] BILLING CODE 4310–33–P DEPARTMENT OF AGRICULTURE Forest Service Fishlake National Forest, Utah, EIS for Oil and Gas Leasing Forest Service, USDA and Bureau of Land Management, USDI. ACTION: Notice of intent to prepare an environmental impact statement. AGENCY: SUMMARY: The Forest Service of the Fishlake National Forest gives notice of the intent to prepare an environmental impact statement (EIS) to document the analysis and disclose the environmental and human effects of oil and gas leasing on lands administered by the Fishlake National Forest. The Federal Onshore Oil and Gas Leasing Reform Act of 1987 (FOOGLRA) requires the Forest Service to evaluate National Forest System lands for potential oil and gas leasing. As the agency responsible for lease issuance and administration, the Bureau of Land Management (BLM) will participate as a cooperating agency. DATES: Comments concerning the scope of the analysis should be received by August 10, 2006 to be most helpful. The draft environmental impact statement is scheduled for completion by the winter of 2006, and the final environmental impact statement is expected before summer of 2007. ADDRESSES: Send written comments to: Carter Reed, Oil and Gas Team Leader, Fishlake National Forest, 115 East 900 North, Richfield, UT 84701; phone: (435) 636–3547; fax: (435) 896–0347; email comments-intermtnfishlake@fs.fed.us. Please include ‘‘Oil and Gas Leasing Analysis Project’’ on the subject line. FOR FURTHER INFORMATION CONTACT: Davida Carnahan, Public Affairs Officer, 115 East 900 North, Richfield, UT 84701; phone: (435) 896–1070. For technical information contact: Carter Reed, Oil and Gas Team Leader, (435) 636–3547. SUPPLEMENTARY INFORMATION: Purpose and Need for Action FOOGLRA requires the Forest Service to evaluate National Forest System E:\FR\FM\07JYN1.SGM 07JYN1 Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Notices (NFS) lands for potential oil and gas leasing and establishes Forest Service consent authority for leasing prior to the BLM offering NFS lands for lease. Since the FOOGLRA was signed into law, there has been little industry interest in leasing the lands administered by the Fishlake National Forest, and no leasing has been authorized by the Fishlake National Forest; however, interest has recently escalated due to the increased demand for oil and gas, high prices, and discoveries of oil and gas reserves in other areas with similar geologic conditions. The BLM Utah State Office has received numerous Expressions of Interest for leasing portions of the Fishlake National Forest. cprice-sewell on PROD1PC66 with NOTICES Proposed Action The Forest Supervisor of the Fishlake National Forest and Utah State Director, Bureau of Land Management propose to conduct the analysis and decide which lands to make available for oil and gas leasing. The analysis area includes lands administered by the Fishlake National Forest. As part of the analysis, the Forest Service will identify those areas that would be available for leasing subject to the terms and conditions of the standard oil and gas lease form, or subject to constraints that would require the use of lease stipulations such as those prohibiting surface occupancy. The analysis will also: (1) Identify alternatives to the proposed action, including that of not allowing leasing (no action), (2) project the type/amount of post-leasing activity that is reasonably foreseeable, and (3) analyze the reasonably foreseeable impacts of projected post-leasing activity [36 CFR 228.102(c)]. Possible Alternatives All alternatives studied in detail must fall within the scope of the purpose and need for action and will generally tier to and comply with the Fishlake forest plan. Law requires evaluation of a ‘‘noaction alternative’’. Under the No Action/No Lease alternative, no oil and gas leasing would occur. Alternatives to be evaluated would range from the No Action/No Lease alternative (most restrictive) to the Standard Lease Terms alternative (least restrictive) where all lands legally open to leasing would be made administratively available for leasing with only the standard BLM terms and conditions contained on BLM Lease Form 3100–11. Other alternatives which fall somewhere between the No Action/No Leasing alternative and Lease with Standard Terms alternative would also be developed and evaluated, which would involve making some lands unavailable for leasing and other lands VerDate Aug<31>2005 15:46 Jul 06, 2006 Jkt 208001 38603 Mary Erickson, Forest Supervisor, Fishlake National Forest, 115 East 900 North, Richfield, UT 84701, Acting Utah State Director, Bureau of Land Management. input. Six scoping meetings are planned. July 17: 7 p.m. to 9 p.m., Beaver Ranger District, 575 South Main, Beaver, Utah. July 18: 7 p.m. to 9 p.m., Piute Event Center, 180 W. 500 N., Junction, Utah. July 19: 7 p.m. to 9 p.m., Loa Civic Center, 95 W. Center, Loa, Utah. July 20: 7 p.m. to 9 p.m., Millard High School, 35 N. 200 W., Fillmore, Utah. August 1: 7 p.m. to 9 p.m., Snow College, Room 147C, Richfield, Utah. August 2: 7 p.m. to 9 p.m., American Legion Hall, 50 S. State St., Salina, Utah. Written comments will be accepted at these meetings. The Forest Service will work with tribal governments to address issues that would significantly or uniquely affect them. Nature of Decision To Be Made Preliminary Issues The Forest Supervisor, Fishlake National Forest, will decide which lands administered by the Fishlake National Forest will be administratively available for oil and gas leasing, along with associated conditions or constraints for the protection of nonmineral interests [36 CFR 228.102(d)]. The Forest Supervisor will also authorize the BLM to offer specific lands for lease, subject to the Forest Service ensuring that the required stipulations are attached to the leases [36 CFR 228.102(e)]. The BLM is responsible for issuing and administration of oil and gas leases under the Mineral Leasing Act of 1920, as amended, and Federal Regulations in 43 CFR 3101.7. The BLM Utah State Director must decide whether or not to offer for lease specific lands authorized for leasing by the Fishlake National Forest and with what stipulations. Important goals for the project are to meet the legal requirements for evaluating National Forest System lands and make the required decisions. The intent of the applicable laws and regulations (see Summary) are to lease appropriate National Forest System lands and provide a reasonable opportunity to explore for, discover, and produce economic oil and gas reserves from available Federal lands, while meeting the requirements of environmental laws and protecting other resources and interests not compatible with such activities. Issues are anticipated to involve potential effects to wildlife, water, vegetation, recreation, public safety, roadless character, visual resources, cultural and paleontological resources, and social and economic settings. Specific issues will be developed through review of public comments and internal review. Scoping Process Comment Requested The first formal opportunity to comment on the Fishlake National Forest Oil and Gas Leasing Analysis Project is during the scoping process (40 CFR 1501.7), which begins with the issuance of this Notice of Intent. Mail comments to: Carter Reed, Oil and Gas Team Leader, Fishlake National Forest, 115 East 900 North, Richfield, UT 84701. The Forest Service requests comments on the nature and scope of the environmental, social, and economic issues, and possible alternatives related to oil and gas leasing on lands administered by the Fishlake National Forest. A series of public opportunities are scheduled to describe the proposal and to provide an opportunity for public This Notice of Intent initiates the scoping process which guides the development of the environmental impact statement. The Forest has also received substantial input at public meetings held for the Forest Plan revision, including issues relative to mineral exploration and development. Through these efforts the Forest has an understanding of the broad range of perspectives on the resource issues and social values attributed to resource activities on the Fishlake National Forest. Consequently site-specific comments or concerns are the most important types of information needed for this EIS. Because the Oil and Gas Leasing EIS is a stand-alone document, only public comment letters which address relevant issues and concerns available for leasing with lease stipulations for the protection of other resources and interests. The Forest is expecting that the public input will generate either thematic concerns or area-specific issues that may be addressed by modifying the proposed action to create a new alternative or alternatives. Lead and Cooperating Agencies The Forest Service is the lead agency. The Bureau of Land Management will participate as a cooperating agency. Responsible Officials PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.SGM 07JYN1 38604 Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Notices will be considered and formally addressed in an appendix in the FEIS. cprice-sewell on PROD1PC66 with NOTICES Early Notice of Importance of Public Participation in Subsequent Environmental Review BILLING CODE 3410–11–M A draft environmental impact statement will be prepared for comment. The comment period on the draft environmental impact statement is expected to be 45 days from the date the Environmental Protection Agency publishes the notice of availability in the Federal Register. The Forest Service believes, at this early stage, it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of draft environmental impact statements must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer’s position and contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 553 (1978). Also, environmental objections that could be raised at the draft environmental impact statement stage but that are not raised until after completion of the final environmental impact statement may be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very important that those interested in this proposed action participate by providing comments during scoping comment period and during the comment period following the draft EIS so that substantive comments and objections are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final environmental impact statement. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments should be as specific as possible. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing their points. Comments received, including the names and addresses of those who comment, will be considered part of the public record on this proposal and will be available for public inspection. (Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section 21.) VerDate Aug<31>2005 15:46 Jul 06, 2006 Jkt 208001 Dated: June 27, 2006. Mary C. Erickson, Fishlake Forest Supervisor. [FR Doc. 06–5950 Filed 7–6–06; 8:45 am] DEPARTMENT OF AGRICULTURE National Agricultural Statistics Service Notice of Intent To Request Revision and Extension of a Currently Approved Information Collection National Agricultural Statistics Service, USDA. ACTION: Notice and request for comments. AGENCY: SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104–13) and Office of Management and Budget regulations at 5 CFR part 1320 (60 FR 44978, August 29, 1995), this notice announces the intention of the National Agricultural Statistics Service (NASS) to request revision and extension of a currently approved information collection, the Honey Survey. Comments on this notice must be received by September 5, 2006 to be assured of consideration. ADDRESSES: Comments may be mailed to Ginny McBride, NASS Clearance Officer, U.S. Department of Agriculture, Room 5336 South Building, 1400 Independence Avenue, SW., Washington, DC 20250–2024 or sent electronically to gmcbride@nass.usda.gov or faxed to (202) 720–6396. FOR FURTHER INFORMATION CONTACT: Joseph T. Reilly, Associate Administrator, National Agricultural Statistics Service, U.S. Department of Agriculture, (202) 720–4333. SUPPLEMENTARY INFORMATION: Title: Honey Survey. OMB Control Number: 0535–0153. Expiration Date of Approval: November 30, 2006. Type of Request: Intent to revise and extend a currently approved information collection. Abstract: The primary objective of the National Agricultural Statistics Service is to prepare and issue state and national estimates of crop and livestock production, prices, and disposition. The Honey Survey collects information on the number of colonies, honey production, stocks, and prices. The survey provides data needed by the U.S. Department of Agriculture and other government agencies to administer programs and to set trade quotas and DATES: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 tariffs. State universities and agriculture departments also use data from this survey. The Honey Survey has approval from OMB for a three year period; NASS intends to request that the survey be approved for another three years. These data will be collected under the authority of 7 U.S.C. 2204(a). Individually identifiable data collected under this authority are governed by Section 1770 of the Food Security Act of 1985, 7 U.S.C. 2276, which requires USDA to afford strict confidentiality to non-aggregated data provided by respondents. Estimate of Burden: Public reporting burden for this collection of information is estimated to average 10 minutes per response. Respondents: Farms. Estimated Number of Respondents: 6,600. Estimated Total Annual Burden on Respondents: 1,100 hours. Copies of this information collection and related instructions can be obtained without charge from Ginny McBride, NASS Clearance Officer, at (202) 720– 5778. Comments: Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed collection of information including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. All responses to this notice will become a matter of public record and be summarized in the request for OMB approval. Signed at Washington, DC, May 30, 2006. Joseph T. Reilly, Associate Administrator. [FR Doc. E6–10603 Filed 7–6–06; 8:45 am] BILLING CODE 3410–20–P DEPARTMENT OF AGRICULTURE Risk Management Agency Notice of Request for Revision of a Currently Approved Collection AGENCY: Risk Management Agency, USDA. E:\FR\FM\07JYN1.SGM 07JYN1

Agencies

[Federal Register Volume 71, Number 130 (Friday, July 7, 2006)]
[Notices]
[Pages 38602-38604]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5950]


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DEPARTMENT OF AGRICULTURE

Forest Service


Fishlake National Forest, Utah, EIS for Oil and Gas Leasing

AGENCY: Forest Service, USDA and Bureau of Land Management, USDI.

ACTION: Notice of intent to prepare an environmental impact statement.

-----------------------------------------------------------------------

SUMMARY: The Forest Service of the Fishlake National Forest gives 
notice of the intent to prepare an environmental impact statement (EIS) 
to document the analysis and disclose the environmental and human 
effects of oil and gas leasing on lands administered by the Fishlake 
National Forest. The Federal Onshore Oil and Gas Leasing Reform Act of 
1987 (FOOGLRA) requires the Forest Service to evaluate National Forest 
System lands for potential oil and gas leasing.
    As the agency responsible for lease issuance and administration, 
the Bureau of Land Management (BLM) will participate as a cooperating 
agency.

DATES: Comments concerning the scope of the analysis should be received 
by August 10, 2006 to be most helpful. The draft environmental impact 
statement is scheduled for completion by the winter of 2006, and the 
final environmental impact statement is expected before summer of 2007.

ADDRESSES: Send written comments to: Carter Reed, Oil and Gas Team 
Leader, Fishlake National Forest, 115 East 900 North, Richfield, UT 
84701; phone: (435) 636-3547; fax: (435) 896-0347; e-mail comments-
intermtn-fishlake@fs.fed.us. Please include ``Oil and Gas Leasing 
Analysis Project'' on the subject line.

FOR FURTHER INFORMATION CONTACT: Davida Carnahan, Public Affairs 
Officer, 115 East 900 North, Richfield, UT 84701; phone: (435) 896-
1070.
    For technical information contact: Carter Reed, Oil and Gas Team 
Leader, (435) 636-3547.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    FOOGLRA requires the Forest Service to evaluate National Forest 
System

[[Page 38603]]

(NFS) lands for potential oil and gas leasing and establishes Forest 
Service consent authority for leasing prior to the BLM offering NFS 
lands for lease. Since the FOOGLRA was signed into law, there has been 
little industry interest in leasing the lands administered by the 
Fishlake National Forest, and no leasing has been authorized by the 
Fishlake National Forest; however, interest has recently escalated due 
to the increased demand for oil and gas, high prices, and discoveries 
of oil and gas reserves in other areas with similar geologic 
conditions. The BLM Utah State Office has received numerous Expressions 
of Interest for leasing portions of the Fishlake National Forest.

Proposed Action

    The Forest Supervisor of the Fishlake National Forest and Utah 
State Director, Bureau of Land Management propose to conduct the 
analysis and decide which lands to make available for oil and gas 
leasing. The analysis area includes lands administered by the Fishlake 
National Forest. As part of the analysis, the Forest Service will 
identify those areas that would be available for leasing subject to the 
terms and conditions of the standard oil and gas lease form, or subject 
to constraints that would require the use of lease stipulations such as 
those prohibiting surface occupancy. The analysis will also: (1) 
Identify alternatives to the proposed action, including that of not 
allowing leasing (no action), (2) project the type/amount of post-
leasing activity that is reasonably foreseeable, and (3) analyze the 
reasonably foreseeable impacts of projected post-leasing activity [36 
CFR 228.102(c)].

Possible Alternatives

    All alternatives studied in detail must fall within the scope of 
the purpose and need for action and will generally tier to and comply 
with the Fishlake forest plan. Law requires evaluation of a ``no-action 
alternative''. Under the No Action/No Lease alternative, no oil and gas 
leasing would occur. Alternatives to be evaluated would range from the 
No Action/No Lease alternative (most restrictive) to the Standard Lease 
Terms alternative (least restrictive) where all lands legally open to 
leasing would be made administratively available for leasing with only 
the standard BLM terms and conditions contained on BLM Lease Form 3100-
11. Other alternatives which fall somewhere between the No Action/No 
Leasing alternative and Lease with Standard Terms alternative would 
also be developed and evaluated, which would involve making some lands 
unavailable for leasing and other lands available for leasing with 
lease stipulations for the protection of other resources and interests.
    The Forest is expecting that the public input will generate either 
thematic concerns or area-specific issues that may be addressed by 
modifying the proposed action to create a new alternative or 
alternatives.

Lead and Cooperating Agencies

    The Forest Service is the lead agency. The Bureau of Land 
Management will participate as a cooperating agency.

Responsible Officials

    Mary Erickson, Forest Supervisor, Fishlake National Forest, 115 
East 900 North, Richfield, UT 84701, Acting Utah State Director, Bureau 
of Land Management.

Nature of Decision To Be Made

    The Forest Supervisor, Fishlake National Forest, will decide which 
lands administered by the Fishlake National Forest will be 
administratively available for oil and gas leasing, along with 
associated conditions or constraints for the protection of non-mineral 
interests [36 CFR 228.102(d)]. The Forest Supervisor will also 
authorize the BLM to offer specific lands for lease, subject to the 
Forest Service ensuring that the required stipulations are attached to 
the leases [36 CFR 228.102(e)].
    The BLM is responsible for issuing and administration of oil and 
gas leases under the Mineral Leasing Act of 1920, as amended, and 
Federal Regulations in 43 CFR 3101.7. The BLM Utah State Director must 
decide whether or not to offer for lease specific lands authorized for 
leasing by the Fishlake National Forest and with what stipulations.

Scoping Process

    The first formal opportunity to comment on the Fishlake National 
Forest Oil and Gas Leasing Analysis Project is during the scoping 
process (40 CFR 1501.7), which begins with the issuance of this Notice 
of Intent.
    Mail comments to: Carter Reed, Oil and Gas Team Leader, Fishlake 
National Forest, 115 East 900 North, Richfield, UT 84701.
    The Forest Service requests comments on the nature and scope of the 
environmental, social, and economic issues, and possible alternatives 
related to oil and gas leasing on lands administered by the Fishlake 
National Forest.
    A series of public opportunities are scheduled to describe the 
proposal and to provide an opportunity for public input. Six scoping 
meetings are planned.
    July 17: 7 p.m. to 9 p.m., Beaver Ranger District, 575 South Main, 
Beaver, Utah.
    July 18: 7 p.m. to 9 p.m., Piute Event Center, 180 W. 500 N., 
Junction, Utah.
    July 19: 7 p.m. to 9 p.m., Loa Civic Center, 95 W. Center, Loa, 
Utah.
    July 20: 7 p.m. to 9 p.m., Millard High School, 35 N. 200 W., 
Fillmore, Utah.
    August 1: 7 p.m. to 9 p.m., Snow College, Room 147C, Richfield, 
Utah.
    August 2: 7 p.m. to 9 p.m., American Legion Hall, 50 S. State St., 
Salina, Utah.
    Written comments will be accepted at these meetings. The Forest 
Service will work with tribal governments to address issues that would 
significantly or uniquely affect them.

Preliminary Issues

    Important goals for the project are to meet the legal requirements 
for evaluating National Forest System lands and make the required 
decisions. The intent of the applicable laws and regulations (see 
Summary) are to lease appropriate National Forest System lands and 
provide a reasonable opportunity to explore for, discover, and produce 
economic oil and gas reserves from available Federal lands, while 
meeting the requirements of environmental laws and protecting other 
resources and interests not compatible with such activities. Issues are 
anticipated to involve potential effects to wildlife, water, 
vegetation, recreation, public safety, roadless character, visual 
resources, cultural and paleontological resources, and social and 
economic settings. Specific issues will be developed through review of 
public comments and internal review.

Comment Requested

    This Notice of Intent initiates the scoping process which guides 
the development of the environmental impact statement. The Forest has 
also received substantial input at public meetings held for the Forest 
Plan revision, including issues relative to mineral exploration and 
development. Through these efforts the Forest has an understanding of 
the broad range of perspectives on the resource issues and social 
values attributed to resource activities on the Fishlake National 
Forest. Consequently site-specific comments or concerns are the most 
important types of information needed for this EIS. Because the Oil and 
Gas Leasing EIS is a stand-alone document, only public comment letters 
which address relevant issues and concerns

[[Page 38604]]

will be considered and formally addressed in an appendix in the FEIS.

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    A draft environmental impact statement will be prepared for 
comment. The comment period on the draft environmental impact statement 
is expected to be 45 days from the date the Environmental Protection 
Agency publishes the notice of availability in the Federal Register. 
The Forest Service believes, at this early stage, it is important to 
give reviewers notice of several court rulings related to public 
participation in the environmental review process. First, reviewers of 
draft environmental impact statements must structure their 
participation in the environmental review of the proposal so that it is 
meaningful and alerts an agency to the reviewer's position and 
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 
553 (1978). Also, environmental objections that could be raised at the 
draft environmental impact statement stage but that are not raised 
until after completion of the final environmental impact statement may 
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490 
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, 
it is very important that those interested in this proposed action 
participate by providing comments during scoping comment period and 
during the comment period following the draft EIS so that substantive 
comments and objections are made available to the Forest Service at a 
time when it can meaningfully consider them and respond to them in the 
final environmental impact statement.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments should be as specific as 
possible. Reviewers may wish to refer to the Council on Environmental 
Quality Regulations for implementing the procedural provisions of the 
National Environmental Policy Act at 40 CFR 1503.3 in addressing their 
points.
    Comments received, including the names and addresses of those who 
comment, will be considered part of the public record on this proposal 
and will be available for public inspection.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21.)

    Dated: June 27, 2006.
Mary C. Erickson,
Fishlake Forest Supervisor.
[FR Doc. 06-5950 Filed 7-6-06; 8:45 am]
BILLING CODE 3410-11-M
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